HomeMy WebLinkAboutTB-09/27/1983-SSOUTHOLD TOWN BOARD
SPECIAL MEETING
SEPTEMBER 27, 1983
Waiver of Notice of Town Board meeting was duly executed by the
following members of the Southold Town Board who attended This
Special Meeting at 2:45 P.M., Tuesday, September 27, 1983 at the
Sou~hold Town Hall, Main Road, Southold, New York:
Supervisor William R. Pell, III, Councilman John J. Nickles,
Councilman Lawrence Murdock, Jr., Councilman Francis J. Murphy,
Councilman Joseph L. Townsend, Jr., Justice Raymond W. Edwards.
Also present were Deputy Town Clerk Elizabeth A. Neville and Town
Attorney Robert W. Tasker.
SUPERVISOR PELL: What are we changing? That's what I want to know.
TOWN ATTORNEY ROBERT W. TASKER: What .are we. doing? We're changing
what we did. The bids for all of the equipment came in below the
actual amount that we had appropriated for the entire amount by about
$50,000.00. However, the bid for the building came in above. So,
therefore, what this resolution does is to reallocate the figures to
apply all of the excess of the equipment to the building. Which will
result in a $259,500.00 with fine tuning. So $259,500.00 is now
allocated to the building. The bid is about $222,000.00 +. So we
have enough for the building, the base bid, plus all of the ads and
deductions. We have enough for the architect. We have enough for
the bond counsel. So that's what this basically does.
SUPERVISOR PELL: So this bid, this latest one ....
TOWN ATTORNEY TASKER: It was changed slightly.
COUNCILMAN MURPHY: A net increase of $300.00
TOWN ATTORNEY TASKER: The total amount of the bond authorization is
still $620,000.00. As I said what we did is basically take the excess-
from the estimates for the equipment and reallocate that to the build--'
lng.
1. (a)
COUNCILMAN MURPHY: So number one, we have to adopt the amended bend
resolution and I'll offer That resolution.
Moved by Councilman Murphy, seconded by Superwisor
BOND RESOLUTION OF THE TOV~ OF SOUTHOLD, NEW
YORK, ADOPTED AUGUST 17, 1983, AND AMENDED
SEPTEMBER 27, 1983, AUTHORIZING, AS A PART OF
THE ORIGINAL IMPROVEMENT OF THE TOWN LANDFILL
SITE IN SOUTHOLD, IN SAID TOWN, (A)
ACQUISITION OF A BULLDOZER, TWO USED FRONT END
PAYLOADERS AND TRASH COMPACTION EQUIPMENT AT
AN ESTIMATED TOTAL COST OF $362,500; (B)
TRAI~E-IN OF THE D-6 BULLDOZER OF THE TOWN AND
APPLICATION OF THE $5,500 TRADE-IN VALUE
TOWARDS THE COST OF SUCH PAYLOADERS: AND (C)
PURCHASE AND CONSTRUCTION OF A STEEL BUILDING
TO BE USED FOR RECYCLING AND RECEPTION OF
SOLID WASTE AT AN ESTIMATED MSXIMUM COST OF
$257,500: APPROPRIATING SAID AMOUNTS THEREFOR,
RESPECTIVELY, LESS SAID TRADE-IN VALUE,
STATING THE ESTIMATED TOTAL COST THEREOF,
INCLUDING SAID TRADE-IN VALUE, IS $620,000.
AUTHORIZING TttE ISSUANCE OF SERIAL BONDS IN
THE AGGREGATE PRINCIPAL AMOUNT OF $614,500 TO
FINANCE THE BALANCE OF SAID APPROPRIATIONS,
STATING THAT THE TOWN EXPECTS TO RECEIVE
FEDERAL FUNDS IN THE AGGREGRATE PRINCIPAL
AMOUNT OF $84,525 AND AUTttORIZING THE
EXPENDITURE OF SUCH FUNDS TOWARDS TttE COSTS OF
SUCH MACHINERY AND EQUIPMENT AND THE
CONSTRUCTION OF SUCH BUILDING OR TItE PAYMENT
OF ANY BONDS OR NOTES ISSUED THEREFOR OR TO BE
BUDGETED AS AN OFFSET TO THE TAXES TO PAY THE
PRINCIPAL AND/OR INTEREST ON SUCH BONDS OR
NOTES.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less
than two-thirds of all the members of said Board), AS FOLLOWS:
"Section 1. The Town of Southold (the "Town"), in the County
of Suffolk, New York, is hereby authorized, as a part of the
original improvement of the Town landfill site in Southold, in
the Town, (A) to acquire (i) a bulldozer at an estimated maximum
cost of $92,500, (ii) a used 4½ yard front-end payloader at an
estimated maximum cost of $140,000, and a used 1 ½ yard
front-end payloader at an estimated maximum cost of 225,000, and
(iii) trash compaction equipment at an estimated maximum cost of
$105,000; (B) to trade in the D-6 bulldozer presently owned by
the Town and apply the trade-in vlaue of $5,500 towards the cost
of such front-end payloaders; and (C) to purchase and construct
on said landfill site, a steel building to be used for recycling
and reception of solid waste, at an estimated maximum cost of
$257,000, and the said amounts are hereby appropriated therefori
respectively, less said trade-in vlaue. The estimated total cost
September 27, 1983
of all of the items of such spec~i~ic object or purpose, including
said tr'ade-in value and preliminary costs and costs incidental
thereto and financing thereof, is $620,000. ~erial bonds in
the aggregate principal amount of $614,500 are hereby authorized
to be issued pursuant to the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York
(t~ "Law!!), to finance the balance of said appropriations after
deducting said trade-in value. The Town expects to receive
Federal Community Development Funds in the amount of $30,525 and
Federal Jobs Bill Funds in the amount of ~54,000 and such moneys,
when received, are hereby authorized to be expended towards the
cost of such payloader and construction of such building
respectively, or the payment of the principal and/or interest on
said bonds or any notes issued in anticipation of the sale of
such boads or to be budgeted as an offset to the taxes to be
levied to pay such principal and/or interest. The plan of
financing includes the issuance of said serial bonds, the
expenditure of said Federal Funds and the levy and collection of
taxes on all the Taxable real property in the Town to pay the
principal on said bonds and the interest thereon or any notes in
anticipation of the sale of such bonds as the same shall become
due and payable.
"Section 2. The following additional matters are hereby
declared:
(a) The period of probable usefulness of the speci'fic object
or purpose for which said $614,500 serial bonds authorized
pursuant to Section 1 hereof are ~o be issued, within the
limitations of Section 11.00 a. 6-a of the Law, is twenty (20)
years, but the maturity of said bonds shall not exceed five (5)
years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the serial bonds
herein authorized to be issued, or any bond anticipation notes
issued in anticipation of the sale of said bonds, pursuant to the
provis~ions of Section 107.00 d. 4 of the Law.
Section 3. Each of the bonds authorized to be issued
pursuant to this resolution, and of any bond anticipation notes
September 27, 1983
issued in anticipation of the sale of said bonds~ shall contain
the recital of validity prescribed by Section 52.00 of the Law
and said bonds and any notes issued in anticipation of the sale
of said bonds~ shall be general obligations of the Towns payable
as to both principal an~ interest by a general tax upon all the
taxable real property within the Town, without limitation o£ rate
or-amount. The faith and credit of the Town are hereby '~
irrevocably pledged to the punctual payment of the principal o£ ....
and interest on said bonds and provision shall be made annually
in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds to mature in such year
and (b) the payment of interest to be due and payable in such
year.
Section 4. Subject to the provisions of this resolution and
of the Law, and pursuant to the provisions of Section 30.00
relative to the authorization of bond anticipation notes and of
Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers
and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and cofit~h~s
.
and as to the sale and issuance of the bonds herein authorized
be issued and of any bond anticipation notes issued in
anticipatio~ of the sale of said bonds, or the renewals thereof,
are hereby delegated to the Supervisor~ the chief fiscal officer
of the Town.
Section 5. The validity of the bonds authorized pursuant to
this resolution~ and of any no~es issued in anticipation o£ the
sale of said bonds, may be contested only if~
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money~ or
(b) the provisions of law which should be complied with
at the date of publication of such resolution~ ar~e not
substantially complied with~ and an action, suit or
proceeding contesting such validity~ is commence~ within
twenty days after the date or'such pu~lication~ or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This resolution shall take effect immediately.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend~ Councilman Murphy~ Councilman Murdock~ Councilman _
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
September 27, 1983
27 l
TOWN ATTORNEY TASKER: The second~-.mesolution is zo authorize the Town
Clerk to publish the estoppel notice of the adoption of the amended
bond resolution.
'-COUNCILMAN MURPHY: What do you call it estoppel?
TOWN ATTORNEY TASKER: E s t o p p e 1. Under the local finance law
when you adopt a bond resolution, if you publish notice of its' adoption
the only way in which a law suit can be brought to attack its' validity
is if it was unconstitutional, if it was adopted contrary to law, and
that's it. They have twenty days in which to do that. So what this
really does is set-up a twenty day statutory limitation to bring an action
to contest the validity of the bond resolution. It's called an estoppel
notice. You are estopped to contest its' validity twenty days after this
notice was published.
i. (b,) Moved-by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED by the Town Board of the Town of Southold, in the County
of Suffolk, New York, as follows:
Section 1. The Town Clerk is hereby directed to publish the
foregoing amended bond resolution, in full, in the "Suffolk Times:
and the Long Island Traveler-Mattituck Watchman, newspapers published
in the Town of Southold, New York, and having a general circulation
in said Town, and hereby designated as the official newspapers of
the Town for such publication, together with the Town Clerk's statu-
tory notice substantially in the form as prescribed by Section 81.00
of the Local Finance Law of the State of New York.
Section 2. This resolution shall take effect immediately.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
COUNCILMAN MURPHY: The last one 1. (c) will be the resolution to
accept the bid of Stony Brook Construction Corporation for the Design
Detailing, Fabrication and Erection of a Pre-engineered Metal Building
approximately 100 feet long and 100 feet wide at the Southold Town
Landfill site at Cutchogue, New York, all in accordance with the bid
documents, at the base bid/lump sum contract price of $221,770.00 less
alternate #7 of $1,700.00 plus alternate #8 an increase of $2,000.00
the total cost of $222,070.00. It's $7,700.00 plus $300.00. You're
removing the bollards. There were 17 of them at $100.00 each, we have
-a $1,700.00 credit.
COUNCILMAN TOWNSEND: I was wondering, when you discussed it with the
consultant, what did he have to say about this parzicular bid? This
was the low bid, or what?
COUNCILMAN MURPHY: It was the low bidder by about $50,000.00. And it
was even lower than the next bid. We had asked for multi-truss for
venilation. The next bidder was Auriga Building Corporation and they
didn't have a bid bond or anything. They were very very poor and their
base bid was $294,206.00.
COUNCILMAN TOWNSEND: What do we know about Stony Brook Construction?
COUNCILMAN MURPHY: That's the guy we spoke to, who came in here on the
.original design. He's been the one who helped us on the design, who did
the preliminary design work for the building which we gave to the engineer~
to re-design. The second bidder was $278,000.00 and it had a rigid frame
and rigid truss. So, if we knocked out alternates, most of the alternates
that we asked for, plus a couple of others, we could get it down to about
$178,000.00, but then we would ha~e to find the money to do additional
work. They're knocking the same alternates out with about $241,000.00
So, you're talking about $50,000.00 between the first and second bidders.
They strongly recommend that we take the first bid and work with Bob and
Ray to come up with a way to change the bond ~esoluti6n rather than to
go out to bid again because the results would only be that we'd probably
being paying another $50,000.00 to $60,000.0d for the same building.
COUNCILMAN TOWNSEND: What were the initial estimates on the bond?
COUNCILMAN MURPHY: $175,000.00
COUNCILMAN TOWNSEND: So, we're talking about about another $45,000.00
to $50,000.00?
September 27, 1983
COUNCILMAN MURPHY~ $45,000.00. Part of this, where it came from~ we
did increase the size of the building for equipment storage and make
room in there to put the compactors in the middle as we were talking
about, we lost a lot of space, so the building was increased. That
probably is the whole increase in cost. What did we go? from 80 ~eet
to 100 feet~ 20 ~. He feels that he can make the schedule without any
problem at all. In fact, he would like to start delivering his forms
to the land£ill tomorrow.
COUNCILMAN TOWNSEND: It's a matter of clearing the ground.
COUNCILMAN MURPHY~ We could start, we could get a bulldozer. We
set our elevations. We could start tomorrow morning on the Site.
1.(c.) Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Stony Brook Construction Corp. for the Design, Detailing~
Fabrication and Erection of a Pre-engineered Metal Building approxi-
mately 100 feet long and 100 feet wide at the Southold Town Landfill
site at Cutchogue, New York,~all in accordance with the bid documents,
at the base bid/lump sum contract price of $221,770.00 less alternate
#7 of $1,700.00 plus alternate #8 an increase o£ of $2,000.00 the
total cost of $222,070.00.
Vote of the Town Board~ Ayes~ Justice Edwards~ Councilman
Townsend~ Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Sam Allen's Modern Machinery, Inc. for supplying the Tow~
o£ Southold with two new ejector trailers, all in accordance with the
bid documents, at a total price of $95,800.00, and one used truck
tractor, all in accordance' with the bid ~ocuments, at a total price
of $12,000.00.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock, Councilman
-Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL~ Number 3 is the senior club got in here late and
~hey're going on a trip to Manhattan on the 29th and they need this
put in their allotment.
0
Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town o£ Southold hereby grants
permission to the Seniors Club of Southold-Peconic, Inc. to hire
one bus to transport their group to New York City on September 29,
1983 for a trip around Manhattan Island, at a total cost to the Town
of $212.00, the Club to pay the balance due the Sunrise Coach Company
from their own £unds.
Vote of the Town Board~ Ayes~ Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Murphy, it w~s
RESOLVED that the Town Clerk of the Town of Southold be and~hehereby
is authorized to advertise for bids for the purchase of one (1) used
garbage compactor ~or use at the Landfill Site. ;~.
COUNCILMAN TOWNSEND~ How does this differ from the trucks we're getting.?
COUNCILMAN MURPHY~ I don't know. Ray~ what is this?
RAYMOND C. DEAN, SUPT. OF HIGHWAYS: This is ~ packer; I have been
looking for one for years.
COUNCILMAN MURPHY : This is to go on a truck?
SUPERINTENDENT DEAN: No, this is going to be a complete unit. It's a
1973..., I'll get the specifications. What it is, I'm using t~o trucks
all summer long to empty garbage into our garbage trucks which is nothing
but dump trucks. I got this one truck that belongs to D.P.W., it's a
1970, it's broken down half the time. It takes 2 men to operate it, then
it's broken down half the time anyway. So, then I have to put another
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September 27, 1983
273
truck on, so it takes me 2 trucks with 3 men all summer long to clean up
the barrels at the beaches and st~f~.~i~ i can take this 1 truck with 2 men
and they can pick everything up. It will be 1 load per day. It has a
rebuilt engine in it, the body is 2 years old it's a leach body in the
back, 20 yards.
COUNCILMAN TOWNSEND: What do you think it's going to run?
SUPERINTENDENT DEAN: About $8~000.00
COUNCILMAN NICKLES: Out of your highway budget?
SUPERINTENDENT DEAN: Yes. out of my highway budget.
Vote of the Town Board: Ayes: Justice Edwards~ Councilman
Townsend~ Councilman Murphy~ Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Clerk of the Town of Southold be and she hereby
is authorized to advertise for bids for the purchase of one (1) Traffic
Line Marking Machine.
SUPERINTENDENT DEAN: I've got one now that was used and I've been using
it, but it must be over 20 years old. It can hardly stripe anymore.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy~ Councilman Murdock~ Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: .Number 6 is a meeting we had last night in Riverhead
Town Hall with 9 municipalities representatives there about cablevision.
It's something that we had done already. But, basically the 9 munici-
palities agreed last night to send this resolution, the town boards to
the commissioner in Albany to come donw and investigate the receiption~
the charges~ the plans of the L.I. Cablevision. The only one town-~hat
we're having a problem with is Riverhead Township. They have authorized
their Supervisor to sign the franchise agreement with them, but they also
told him to hold back until after the meeting last night. Then they were
going to discuss it and I don't know if Joe was going to sign it or not.
I haven't heard yet. But they were going to meet after we broke up last
night. It's something that we are The first town to petition them.
-Southampton Town is suing L.I. Cablevision, a group of people including
Marry Lang~ are suing them for poor service. The commissioner~ I met
with him for an hour last week to go over this. He had one of his people
out here last night. A petition like this is being offered in Southampton
today, in the Village of Greenport tomorrow night, by October 3rd or 4th
we will have all 9 towns involved. --
Moved by Supervisor Pell~ seconded by Councilman Murdock~
WHEREAS, the Town of Southold hereby requests the. New York State
Commission on Cable Television to conduct such investigation,
inspection, audits, hearings or other appropriate proceedings as
is necessary to determine if Times Mirror's (Long Island Cable-
television) cable television operations are adequate, safe and
reliable. We are concerned about the general adequacy of the
current system to serve the public interests of our residents.
WHEREAS, The Town of Southold~ over this past summer, has received
approximately 700 post cards indicating poor reception and inadequate
service, and
WHEREAS, the Town of Southold requested that the New York State
Commission on Cabletelevision evaluate the service to our residents,
over a year ago~ and to date the improvement is negligible; and
WHEREAS, we hear of rebuilds on other systems owned by Times Mirror
in Connecticut~ Rhode Island and other states~ with 36 to 52 channel
capacity. The Town of Riverhead with 5~300 subscribers and the franchise
not to expire until 1988, has received a proposed 36 channel rebuil~,
howevers no discussions~ plans, etc. for the remainder of The area.
-The parent company currently has videotext services on
another Long Island system~ since our system is technically
incapable of providing such new services.
-There has been innumerable requests for the extension of
services - the company's response has been to apply to the
commission for a waiver of i~'s line extension rules~
now~ there£ore~ be it
RESOLVED~ ~hat the Southold Town Board requests what assistance the
New York State Commission on Cable television can provide and Go
274
September 27, 1983
conduct whatever necessary hearings, negotiations, system~wide proof
of performance inspections, financial credits and investigations of
complaints, and further be it
RESOLVED that the Town Board of the Town of Southold respectfully
petition the Commission to possibly lower our rates, suspend or revoke
operating certificates to reflect the inadequate service, levy! any
appropriate fines, forfeitures and strongly consider a rebate ~o our
users, in light of the year old survey conducted by the Commission; we
ask the Commission to do what ever is necessary to provide a safe,
reliable and adequate cable system for the Town of Southold and the
region as a whole.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Council
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Now, I have one more thing I would like to put on
the agenda for October 4, 1983. I would like you all to read it. It
is from Commissioner LaRocca looking for support on the bond issue.
Our legislators, both of them, I believe have endorsed it, Sawicki
and LaValle. I would like the Town Board to perhaps next agenda when
we meet October 4, 1983 to pass a resolution in support of this.
COUNCILMAN TOWNSEND: Bond issue for what?
COUNCILMAN MURPHY: Transportation bond, roads and bridges.
SUPERVISOR PELL: I just don't want to put everybody in the dark. I
want you to study it and read it. i~
COUNCILMAN NICKLES: I know what. happened when they went to Albany in
the special session, 16% they gave us. We're shooting for 23~ to 25%
SUPERINTENDENT DEAN: Then they were hoping for 19% and they ended up
with 16~%.
SUPERVISOR PELL: I'll talk to Joe and Ken, but they are both supporting
it as far as they can tell now. They are supporting it, we have-to -
support it, too. .~
COUNCILMAN MURPHY: The unions, everybody is supporting it. The county's
SUPERINTENDENT DEAN: I talked to a couple of contractors the other day.
They had a meeting last week and they figure it is going to come out O.K.
COUNCILMAN MURDOCK: The Automobile Club of America went on record as
opposing the bond issue. They say too much of the road taxes are going
to mass transportation as opposed to roads and bridges which are travelled
by cars.
Moved by Supervisor Pell, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be adjourned au 3:04 P.M~.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, ~ouncilman
-Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Elizabeth A. Neville
Deputy .Town Clerk